Smoking Ban Information
- How will the Statewide Smoking Ban affect the local Smoking Ordinance?
Where local clean indoor air laws have provisions stricter than the state law, these local provision will prevail. Where local laws have provisions less strict than the State law, State law provisions will prevail effective July 1, 2010.
- What does the smoking ban cover?
Smoking is prohibited in all places of employment, restaurants, bars, hotels/motels and within 10 feet of any doorway, open window and air intake of establishments where smoking is prohibited.
- When does the Statewide Smoking Ban go into effect?
The Statewide Smoking Ban goes into effect on July 1, 2010.
- Is smoking allowed in private offices or break rooms?
No, smoking is not allowed in private offices or break rooms.
- Can a hotel/motel have "smoking" rooms?
No, the ordinance prohibits smoking in hotels and motels. No provision is made for smoking rooms.
- Does this affect day care homes?
Yes. While smoking is already prohibited in day care homes when children not related to the owner are present, the Indoor Clean Air Act adds an additional penalty for violators. In addition to any civil fine which may be levied, any day care home that violates any provision of this act may also be subject to criminal punishment.
- I own a business, and I have never allowed smoking. Do I still have to put up a "No Smoking" sign?
Yes, the ordinance requires that every business and every place of employment post a "No Smoking" sign at every main entrance.
- If I call in a smoking complaint as the manager of a business, will I be liable for a fine?
It depends. The ordinance requires the owner, manager or operator of a business or place of employment to enforce the ordinance. If you have made no attempt of enforcement, you may be subject to a fine. On the other hand, if you have attempted enforcement and the smoker will not comply and you call in the complaint, you have done your part. The smoker would then be the only one subject to a fine.
- Does this law affect tobacco self-service displays?
Effective July 1, 2010 it will be unlawful to sell cigarettes or tobacco products by a self-service display (an area openly accessible by consumers without the assistance of a salesperson) except n a vending machine that is permitted by law.
- Are signs required and where can they be obtained?
Effective July 1, 2010, businesses that prohibit smoking will be required to post signs that have the international no smoking symbol and state that smoking is prohibited by State law. These signs are available online or by mail upon request, for free.
- Where should no smoking signs be posted?
The only guidance in the law no sign location is that signs should be posted in a conspicuous place. Section 4 of the Kansas Indoor Clean Air Act states, "The proprietor or other person in charge of the premises of a public place, or other area where smoking is prohibited, shall post or cause to be posted in a conspicuous place, signs displaying the international no smoking symbol and clearly stating that smoking is prohibited by state law." The city attorney will interpret the law. It is recommended that you contact the city attorney for further clarification.
- Do signs need to be posted in each business within a larger office building or just on the main entrances to the building?
The law states that a sign must be posted in a conspicuous place in each building. Smoking would not be allowed in that building. The city attorney will interpret the law. It is recommended that you contact the city attorney for further clarification.
- Does the law apply to work vehicles?
The Kansas Indoor Clean Air Act does not mention work vehicles other than taxis and limousines. Smoking is prohibited in taxis and limousines. Businesses may restrict smoking in vehicles as company policy, but it is not part of the State law.
- Is smoking prohibited at Alcoholics Anonymous (AA) and Narcotics Anonymous (NA) meetings?
Types of meetings are not listed in the law as exemptions. Exemptions are based on location. AA and NA meetings are often held in churches and community centers. These locations are smoke-free locations. Individuals may step outside (10 feet from any doorways, open windows or air intakes) to smoke, but they may not smoke in the facility.
- What are the penalties for breaking the law?
Fines, for owners/operators and smokers:
- 1st Violation - Not more than $100
- 2nd Violation within 1 year - Not more than $200
- 3rd and additional violations within 1 year - Not more than $500 per violation
- Can people smoke in a business when it is not open to the public such as after hours, on weekends, or on holidays?
No. Smoking is prohibited at all times in businesses that are not exempt.
- Is smoking allowed in Class A or B Clubs like VFWs or American Legions?
No, it is against the City ordinance.
- What is the impact of the lawsuits filed related to the Kansas Indoor Clean Air Act?
The two lawsuits that have been filed have no effect on the Emporia ordinance.
- What steps to businesses need to take to comply with the law?
Check out the Kansas Smoke-Free Business Toolkit for more details.